The changes are consistent with the agency’s preference for states to take the lead on setting their own disposal requirements, Christopher Bryant, senior regulatory consultant for Bergeson & Campbell PC in Washington, told Bloomberg Environment. The agency is likely considering that “one size fits all doesn’t really work,” he said.

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In the first set of changes, issued in July, the agency allowed state directors to suspend groundwater monitoring requirements for coal ash disposal units under certain conditions, and also let them issue technical certifications, instead of requiring certifications from professional engineers. A certification is required to show that a cleanup plan has been completed and meets regulations.

The agency expects the first phase of changes to be completed in June 2019, and the second phase by the end of 2019. Those final rules are likely to be challenged after they’re published, Bryant said.